STATE OF COLORADO

1/9/09 DRAFT
2008 draft done by:
LLS NO. 08-0606.01 John Hershey SENATE BILL
SENATE SPONSORSHIP

HOUSE SPONSORSHIP

Senate Committees House Committees

SHORT TITLE: "Firefighter & Law Enf Collective Bargain"

DEADLINES: Finalize by: 01/23/2008 File by: 01/25/2008

A BILL FOR AN ACT
101 C ONCERNING COLLECTIVE BARGAINING BY EMPLOYEES OF CERTAIN
102 PUBLIC SAFETY AGENCIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently
adopted.)

Grants firefighters and law enforcement officers the right to:

! Organize, form, join, or assist an employee organization or
to refrain from doing so;
! Negotiate collectively or express a grievance through
representatives of their choice;
! Engage in other lawful concerted activity for the purpose
of collective bargaining or other mutual aid or protection;
and

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
 ! Be represented by their exclusive representative without
discrimination.
States that an employee organization recognized or elected for
collective bargaining shall be the exclusive representative (exclusive
representative) of all the firefighters or law enforcement officers in an
agency (bargaining unit) for collective bargaining. Prohibits a fire
department, police department, or sheriff's department (public employer)
from bargaining on matters covered by the act with any other employee
or group. Grants the exclusive representative the right to be present and
express its views at the adjustment of a complaint made by a member of
the bargaining unit without the intervention of the exclusive
representative. Allows an exclusive representative to have dues and other
moneys deducted from the pay of firefighters or law enforcement officers
who authorize the deduction.
Authorizes and obligates a public employer and an exclusive
representative to bargain collectively in good faith. States that any
agreements negotiated between an exclusive representative and a public
employer (the parties), along with any terms approved by the voters of the
political subdivision of the public employer, shall constitute the collective
bargaining agreement between the parties. Requires a collective
bargaining agreement to be for a term of one to 3 years. Allows a party
to request collective bargaining by sending notice to the other party by a
specified date. Requires the parties to begin collective bargaining within
a specified time after the notice. Deems an impasse to exist if the parties
fail to reach a collective bargaining agreement within a specified time
after the beginning of collective bargaining. States that a collective
bargaining agreement may require all members of the bargaining unit, as
a condition of employment, to pay the exclusive representative's fees and
expenses in negotiating and enforcing the agreement.
If an impasse exists, requires the parties to allow an arbitration
organization to appoint an advisory fact finder to hold a hearing on the
unresolved issues and make recommendations on which party's final offer
on each issue should be accepted. Specifies the factors that the advisory
fact finder shall consider. Gives the parties a specified time to consider
the advisory fact finder's recommendations and conduct further
negotiations. If either party rejects the recommendations, states that the
final offers of the parties on the unresolved issues shall be submitted to
the voters of the political subdivision of the public employer at a special
election.
Prohibits firefighters, law enforcement officers, and employee
organizations from striking.
States that existing bargaining units, exclusive representatives, and
bargaining relationships as of the effective date of the act shall remain
unless modified by agreement or election in accordance with the act.
Allows firefighters, law enforcement officers, and employee

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 organizations to petition the division of labor in the department of labor
and employment to conduct secret ballot elections to certify or decertify
an employee organization as the exclusive representative of a bargaining
unit.
Grants a firefighter, law enforcement officer, or employee
organization standing to sue to enforce the provisions of the act.
Defines terms. Makes a legislative declaration.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Article 5 of title 29, Colorado Revised Statutes, is

3 amended BY THE ADDITION OF A NEW PART to read:

4 PART 2

5 COLLECTIVE BARGAINING

6 29-5-201. Short title. T HIS PART 2 SHALL BE KNOWN AND MAY BE

7 CITED AS THE "F IREFIGHTER AND L AW E NFORCEMENT O FFICER

8 C OLLECTIVE B ARGAINING A CT".

9 29-5-202. Legislative declaration. (1) T HE GENERAL ASSEMBLY

10 HEREBY FINDS AND DECLARES THAT:

11 (a) T HE PEOPLE OF THE STATE HAVE A FUNDAMENTAL INTEREST IN

12 THE DEVELOPMENT OF HARMONIOUS AND COOPERATIVE RELATIONSHIPS

13 BETWEEN PUBLIC EMPLOYERS AND PUBLIC EMPLOYEES, INCLUDING

14 FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS.

15 (b) T HE STATE HAS AN OBLIGATION TO PROTECT THE PUBLIC

16 SAFETY BY ASSURING, AT ALL TIMES, THE ORDERLY AND UNINTERRUPTED

17 OPERATION AND FUNCTION OF FIRE PROTECTION AND LAW ENFORCEMENT.

18 (c) T HE DENIAL BY SOME PUBLIC EMPLOYERS OF THE RIGHT OF

19 FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS TO ORGANIZE AND

20 BARGAIN COLLECTIVELY LEADS TO VARIOUS FORMS OF STRIFE AND

21 UNREST, WHICH OBSTRUCTS PUBLIC SAFETY. U NRESOLVED DISPUTES

22 BETWEEN FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, AND THEIR PUBLIC

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 1 EMPLOYERS HARM THE PUBLIC , THE GOVERNMENTAL AGENCIES, AND THE

2 EMPLOYEES INVOLVED.

3 (d) E XPERIENCE HAS PROVEN THAT LEGAL PROTECTION OF THE

4 RIGHT OF FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS TO ORGANIZE

5 SAFEGUARDS THE PUBLIC SAFETY BY REMOVING CERTAIN RECOGNIZED

6 SOURCES OF STRIFE AND UNREST AND ENCOURAGING PRACTICES

7 FUNDAMENTAL TO THE AMICABLE RESOLUTION OF DISPUTES OVER

8 COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT

9 AND BY CREATING EQUALITY OF BARGAINING POWER BETWEEN PUBLIC

10 EMPLOYERS AND FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS.

11 (e) IT IS THE POLICY OF THE STATE TO ELIMINATE THE CAUSES OF

12 CERTAIN SUBSTANTIAL OBSTRUCTIONS TO PUBLIC SAFETY AND TO

13 MITIGATE AND ELIMINATE THESE OBSTRUCTIONS WHEN THEY OCCUR BY:

14 (I) P ROTECTING THE EXERCISE BY FIREFIGHTERS AND LAW

15 ENFORCEMENT OFFICERS OF FULL FREEDOM OF ASSOCIATION,

16 SELF - ORGANIZATION, AND OTHER MUTUAL AID OR PROTECTION;

17 (II) E NCOURAGING AND PROMOTING THE PRACTICE AND

18 PROCEDURE OF COLLECTIVE BARGAINING;

19 (III) P ROTECTING THE RIGHT OF FIREFIGHTERS AND LAW

20 ENFORCEMENT OFFICERS TO DESIGNATE REPRESENTATIVES OF THEIR OWN

21 CHOOSING FOR THE PURPOSE OF COLLECTIVE BARGAINING; AND

22 (IV) O BLIGATING PUBLIC EMPLOYERS AND EMPLOYEE

23 ORGANIZATIONS OF FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS THAT

24 ARE CERTIFIED OR RECOGNIZED AS REPRESENTING THEIR FIREFIGHTERS

25 AND LAW ENFORCEMENT OFFICERS TO ENTER INTO COLLECTIVE

26 BARGAINING NEGOTIATIONS WITH THE WILLINGNESS TO RESOLVE DISPUTES

27 RELATING TO COMPENSATION, HOURS, AND THE TERMS AND CONDITIONS

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 1 OF EMPLOYMENT AND TO REDUCE TO WRITING ANY AGREEMENTS REACHED

2 THROUGH SUCH NEGOTIATIONS.

3 (f) C OLLECTIVE BARGAINING FOR FIREFIGHTERS AND LAW

4 ENFORCEMENT OFFICERS IS A MATTER OF STATEWIDE CONCERN THAT

5 AFFECTS THE PUBLIC SAFETY AND GENERAL WELFARE, AS THE C OLORADO

6 SUPREME COURT HELD IN THE CASES OF F RATERNAL O RDER OF P OLICE V.

7 C ITY OF C OMMERCE C ITY, 996 P.2 D 133 (C OLO . 2000) AND C ITY OF

8 A URORA V. A URORA F IREFIGHTERS' P ROTECTIVE A SSOCIATION, 193 C OLO .

9 437, 566 P.2 D 1356 (1977). T HE CITIZENS OF C OLORADO HAVE THE RIGHT

10 TO EXPECT A CONSISTENTLY HIGH LEVEL OF PUBLIC SAFETY THROUGHOUT

11 THE STATE. C ONSISTENTLY HIGH PUBLIC SAFETY THROUGHOUT THE STATE

12 ALLOWS THE ECONOMY OF C OLORADO TO GROW AND PROSPER.

13 29-5-203. Definitions. A S USED IN THIS PART 2, UNLESS THE

14 CONTEXT OTHERWISE REQUIRES:

15 (1) "A DVISORY FACT FINDER" MEANS THE PERSON AGREED UPON

16 BY THE PARTIES OR APPOINTED BY THE A MERICAN ARBITRATION

17 ASSOCIATION, ITS SUCCESSOR ORGANIZATION , OR A SIMILAR

18 ORGANIZATION AGREED UPON BY BOTH PARTIES IN ACCORDANCE WITH

19 SECTION 29-5-208.

20 (2) "B ARGAINING UNIT" MEANS ANY OF THE FOLLOWING,

21 EXCLUDING SUPERVISORS AS DEFINED IN SUBSECTION (16) OF THIS

22 SECTION:

23 (a) A LL FIREFIGHTERS EMPLOYED BY THE SAME PUBLIC EMPLOYER,

24 OR

25 (b) A LL LAW ENFORCEMENT OFFICERS EMPLOYED BY THE SAME

26 PUBLIC EMPLOYER; EXCEPT THAT WHEN A PUBLIC EMPLOYER THAT IS A

27 HOME RULE MUNICIPALITY HAS MULTIPLE LAW ENFORCEMENT AGENCIES,

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 1 EACH LAW ENFORCEMENT AGENCY IS A SEPARATE BARGAINING UNIT.

2 (3) "C OLLECTIVE BARGAINING" MEANS THE PERFORMANCE OF THE

3 MUTUAL OBLIGATION OF A PUBLIC EMPLOYER, THROUGH ITS DESIGNATED

4 REPRESENTATIVES, AND AN EXCLUSIVE REPRESENTATIVE TO MEET AT

5 REASONABLE TIMES AND PLACES AND NEGOTIATE IN GOOD FAITH WITH

6 RESPECT TO COMPENSATION, HOURS, AND THE TERMS AND CONDITIONS OF

7 EMPLOYMENT, TO MEET AND NEGOTIATE IN GOOD FAITH ANY QUESTION

8 ARISING UNDER A COLLECTIVE BARGAINING AGREEMENT, AND TO EXECUTE

9 A WRITTEN CONTRACT INCORPORATING ANY AGREEMENTS REACHED.

10 (4) "C OLLECTIVE BARGAINING AGREEMENT" MEANS AN

11 AGREEMENT NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE AND

12 A PUBLIC EMPLOYER IN ADDITION TO ANY TERMS APPROVED BY THE

13 QUALIFIED ELECTORS OF A PUBLIC EMPLOYER PURSUANT TO SECTION

14 29-5-208.

15 (5) "C OMPENSATION" INCLUDES, BUT IS NOT LIMITED TO, BASE

16 WAGE OR SALARY; ANY FORM OF DIRECT MONETARY PAYMENTS, HEALTH,

17 ACCIDENT, LIFE, AND DISABILITY INSURANCE PROGRAMS; PENSION

18 PROGRAMS, INCLUDING THE AMOUNT OF PENSION AND CONTRIBUTIONS TO

19 THE EXTENT NOT CONTROLLED BY LAW; PAID TIME OFF; UNIFORM AND

20 EQUIPMENT ALLOWANCES; EXPENSE REIMBURSEMENT; AND ALL

21 ELIGIBILITY CONDITIONS FOR COMPENSATION.

22 (6) "D IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF LABOR

23 IN THE DEPARTMENT OF LABOR AND EMPLOYMENT.

24 (7) (a) "EMPLOYEE ORGANIZATION" MEANS:

25 (I) F OR FIREFIGHTERS, AN ORGANIZATION THAT ADMITS

26 FIREFIGHTERS EMPLOYED BY A PUBLIC EMPLOYER TO MEMBERSHIP AND

27 REPRESENTS FIREFIGHTERS IN COLLECTIVE BARGAINING; OR

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 1 (II) F OR LAW ENFORCEMENT OFFICERS, AN ORGANIZATION THAT

2 ADMITS LAW ENFORCEMENT OFFICERS AND ENGAGES EXCLUSIVELY IN THE

3 REPRESENTATION OF LAW ENFORCEMENT OFFICERS, INCLUDING

4 REPRESENTATION IN COLLECTIVE BARGAINING.

5 (b) "E MPLOYEE ORGANIZATION" INCLUDES A PERSON ACTING AS

6 AN OFFICER , REPRESENTATIVE, OR AGENT OF AN EMPLOYEE

7 ORGANIZATION.

8 (8) "E XCLUSIVE REPRESENTATIVE" MEANS THE EMPLOYEE

9 ORGANIZATION RECOGNIZED BY THE PUBLIC EMPLOYER OR ELECTED BY A

10 MAJORITY OF FIREFIGHTERS OR LAW ENFORCEMENT OFFICERS IN A

11 BARGAINING UNIT PURSUANT TO SECTION 29-5-211.

12 (9) "F INAL OFFER" MEANS THE WRITTEN OFFER MADE LATEST IN

13 TIME BY AN EXCLUSIVE REPRESENTATIVE TO A PUBLIC EMPLOYER AND BY

14 A PUBLIC EMPLOYER TO AN EXCLUSIVE REPRESENTATIVE AT LEAST SEVEN

15 DAYS PRIOR TO THE BEGINNING OF AN IMPASSE RESOLUTION HEARING AS

16 DESCRIBED IN SECTION 29-5-208.

17 (10) "F IREFIGHTER" MEANS AN EMPLOYEE OF A PUBLIC EMPLOYER

18 WHOSE DUTIES ARE DIRECTLY INVOLVED WITH THE PROVISION OF FIRE

19 PROTECTION SERVICES . "F IREFIGHTER" DOES NOT INCLUDE CLERICAL

20 PERSONNEL OR VOLUNTEER FIREFIGHTERS, AS DEFINED IN SECTION

21 31-30-1102 (9), C.R.S.

22 (11) "L AW ENFORCEMENT OFFICER" MEANS AN EMPLOYEE OF A

23 LAW ENFORCEMENT AGENCY, INCLUDING A POLICE OFFICER OR DEPUTY

24 SHERIFF BUT EXCLUDING A PERSON EMPLOYED IN THE PERSONNEL SYSTEM

25 OF THE STATE PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE

26 CONSTITUTION. "L AW ENFORCEMENT OFFICER" DOES NOT INCLUDE

27 CLERICAL PERSONNEL, RESERVE OFFICERS, OR CADETS.

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 1 (12) "L AW ENFORCEMENT AGENCY" MEANS THE POLICE

2 DEPARTMENT OR THE SHERIFF 'S DEPARTMENT OF A POLITICAL SUBDIVISION

3 OF THE STATE.

4 (13) "P ARTY" MEANS AN EXCLUSIVE REPRESENTATIVE OR A PUBLIC

5 EMPLOYER.

6 (14) "P UBLIC EMPLOYER" MEANS:

7 (a) F OR FIREFIGHTERS, A MUNICIPALITY INCLUDING A HOME RULE

8 MUNICIPALITY, SPECIAL DISTRICT, FIRE AUTHORITY, OR COUNTY

9 IMPROVEMENT DISTRICT THAT OFFERS FIRE PROTECTION SERVICE AND

10 EMPLOYS TWO OR MORE FIREFIGHTERS.

11 (b) F OR LAW ENFORCEMENT OFFICERS, A POLITICAL SUBDIVISION

12 OF THE STATE, INCLUDING A HOME RULE MUNICIPALITY, THAT EMPLOYS

13 TWO OR MORE LAW ENFORCEMENT OFFICERS.

14 (15) "S TRIKE" MEANS THE FOLLOWING CONCERTED ACTIONS

15 TAKEN BY MEMBERS OF A BARGAINING UNIT FOR THE PURPOSE OF

16 INDUCING, INFLUENCING, OR COERCING A CHANGE IN THE TERMS AND

17 CONDITIONS OF EMPLOYMENT, COMPENSATION, RIGHTS, PRIVILEGES, OR

18 OBLIGATIONS OF EMPLOYMENT:

19 (a) F AILURE TO REPORT FOR DUTY;

20 (b) W ILLFUL ABSENCE FROM A POSITION;

21 (c) S TOPPING OR DELIBERATELY SLOWING WORK;

22 (d) W ITHHOLDING, IN WHOLE OR IN PART, THE FULL, FAITHFUL,

23 AND PROPER PERFORMANCE OF DUTIES OF EMPLOYMENT; OR

24 (e) INTERRUPTING THE OPERATIONS OF THE PUBLIC EMPLOYER.

25 (16) "S UPERVISOR" MEANS:

26 (a) F OR A FIREFIGHTER, " SUPERVISOR" MEANS THE CHIEF AND

27 THE OFFICER OR OFFICERS IN THE RANK OR POSITION IMMEDIATELY
28 BELOW THE CHIEF WHO REPORTS DIRECTLY TO THE CHIEF. N O OTHER

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 1 FIREFIGHTER SHALL BE INCLUDED IN THE DEFINITION OF SUPERVISOR
2 FOR PURPOSES OF THIS PART 2.

3 (b) F OR A LAW ENFORCEMENT OFFICER, A LAW ENFORCEMENT

4 OFFICER WHO HAS THE POSITION OF SHERIFF, UNDERSHERIFF, CHIEF,
5 COMMANDER, OR ANY RANK THAT REPORTS DIRECTLY TO THE CHIEF
6 EXECUTIVE OF THE LAW ENFORCEMENT AGENCY. N O OTHER LAW
7 ENFORCEMENT OFFICER SHALL BE INCLUDED IN THE DEFINITION OF
8 SUPERVISOR FOR PURPOSES OF THIS PART 2.

9 (17) "T ERMS AND CONDITIONS OF EMPLOYMENT" MEANS ALL

10 MATTERS AFFECTING THE EMPLOYMENT OF FIREFIGHTERS OR LAW
11 ENFORCEMENT OFFICERS EXCEPT THE BUDGET AND ORGANIZATIONAL
12 STRUCTURE OF THE PUBLIC EMPLOYER.

13 29-5-204. Rights of firefighters and law enforcement

14 officers. (1) F IREFIGHTERS AND LAW ENFORCEMENT OFFICERS,
15 INCLUDING THOSE WHO CHOSE TO MAINTAIN EXISTING COLLECTIVE
16 BARGAINING RELATIONSHIPS AS PROVIDED IN S ECTION 210, SHALL
17 HAVE THE RIGHT TO:

18 (a) O RGANIZE, FORM, JOIN , OR ASSIST AN EMPLOYEE

19 ORGANIZATION, OR TO REFRAIN THEREFROM;

20 (b) N EGOTIATE COLLECTIVELY OR GRIEVE THROUGH

21 REPRESENTATIVES OF THEIR OWN CHOOSING;

22 (c) E NGAGE IN OTHER CONCERTED ACTIVITY FOR THE PURPOSE

23 OF COLLECTIVE BARGAINING OR OTHER MUTUAL AID OR PROTECTION,
24 INSOFAR AS THE ACTIVITY IS NOT PROHIBITED BY THIS PART 2 OR ANY
25 OTHER LAW OF THE STATE; AND

26 (d) B E REPRESENTED BY THEIR EXCLUSIVE REPRESENTATIVE, IF

27 ANY, WITHOUT DISCRIMINATION.

28 (2) N OTHING IN THIS PART 2 LIMITS THE RIGHT OF A

29 SUPERVISOR TO BE A MEMBER OF AN EMPLOYEE ORGANIZATION.

30 29-5-205. Employee organization as exclusive

31 representative. (1) T HE EMPLOYEE ORGANIZATION RECOGNIZED OR
32 ELECTED FOR THE PURPOSE OF COLLECTIVE BARGAINING SHALL BE THE

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 1 EXCLUSIVE REPRESENTATIVE OF ALL THE FIREFIGHTERS OR LAW
2 ENFORCEMENT OFFICERS IN THE BARGAINING UNIT FOR THE PURPOSE OF
3 COLLECTIVE BARGAINING. T HE EXCLUSIVE REPRESENTATIVE SHALL
4 REPRESENT ALL FIREFIGHTERS OR LAW ENFORCEMENT OFFICERS IN THE
5 BARGAINING UNIT WITHOUT DISCRIMINATION. I F AN EXCLUSIVE
6 REPRESENTATIVE EXISTS IN A BARGAINING UNIT , A PUBLIC EMPLOYER
7 SHALL NOT BARGAIN IN REGARD TO MATTERS COVERED BY THIS PART 2
8 WITH ANY EMPLOYEE, GROUP OF EMPLOYEES IN THE BARGAINING UNIT ,
9 OR OTHER EMPLOYEE ORGANIZATION.

10 (2) N OTHING IN THIS SECTION PREVENTS FIREFIGHTERS OR LAW

11 ENFORCEMENT OFFICERS, INDIVIDUALLY OR AS A GROUP, FROM
12 PRESENTING COMPLAINTS TO A PUBLIC EMPLOYER AND FROM HAVING
13 COMPLAINTS ADJUSTED WITHOUT THE INTERVENTION OF THE
14 EXCLUSIVE REPRESENTATIVE FOR THE BARGAINING UNIT OF WHICH
15 THEY ARE A PART, SO LONG AS THE EXCLUSIVE REPRESENTATIVE IS
16 GIVEN AN OPPORTUNITY TO BE PRESENT AT THE ADJUSTMENT AND TO
17 EXPRESS ITS VIEWS, AND SO LONG AS THE ADJUSTMENT IS NOT
18 INCONSISTENT WITH THE TERMS OF AN AGREEMENT THEN IN EFFECT
19 BETWEEN THE PUBLIC EMPLOYER AND THE EXCLUSIVE
20 REPRESENTATIVE. T HE ABILITY TO ADJUST COMPLAINTS DESCRIBED IN
21 THIS SUBSECTION (2) DOES NOT INCLUDE THE USE OF ANY PROCESS IN A
22 COLLECTIVE BARGAINING AGREEMENT TO RESOLVE GRIEVANCES OVER
23 THE APPLICATION AND INTERPRETATION OF THE AGREEMENT BEFORE A
24 NEUTRAL THIRD PARTY.

25 (3) A NY EMPLOYEE ORGANIZATION WHICH HAS BEEN

26 RECOGNIZED OR ELECTED AS AN EXCLUSIVE REPRESENTATIVE SHALL
27 HAVE THE RIGHT TO HAVE ITS DUES, INITIATION FEES, ASSESSMENTS OR
28 OTHER MONIES DEDUCTED AND COLLECTED BY THE PUBLIC EMPLOYER
29 FROM THE PAY OF THOSE FIREFIGHTERS OR LAW ENFORCEMENT
30 OFFICERS WITHIN THE BARGAINING UNIT WHO AUTHORIZE , IN WRITING,
31 THE DEDUCTION OF SAID MONIES. S UCH AUTHORIZATION IS REVOCABLE
32 AT THE FIRE FIGHTER’ S OR LAW ENFORCEMENT OFFICER’ S WRITTEN
33 REQUEST . S AID DEDUCTIONS SHALL COMMENCE UPON THE EXCLUSIVE
34 REPRESENTATIVE'S WRITTEN REQUEST TO THE PUBLIC EMPLOYER. S UCH
35 RIGHT TO DEDUCTION SHALL BE IN FORCE FOR SO LONG AS THE

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 1 EMPLOYEE ORGANIZATION REMAINS THE EXCLUSIVE BARGAINING
2 REPRESENTATIVE FOR THE EMPLOYEES IN THE BARGAINING UNIT.

3 29-5-206. Obligation to negotiate in good faith. T HE PUBLIC

4 EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE, THROUGH
5 APPROPRIATE OFFICIALS OR THEIR REPRESENTATIVES, SHALL HAVE THE
6 AUTHORITY AND THE DUTY TO BARGAIN COLLECTIVELY IN GOOD FAITH.
7 T HE OBLIGATION TO BARGAIN IN GOOD FAITH DOES NOT COMPEL EITHER
8 PARTY TO AGREE TO A PROPOSAL OR MAKE A CONCESSION.

9 29-5-207. Collective bargaining agreement. (1) A NY

10 AGREEMENTS NEGOTIATED BETWEEN AN EXCLUSIVE REPRESENTATIVE
11 AND A PUBLIC EMPLOYER AND ANY TERMS DECIDED BY THE REGISTERED
12 ELECTORS OF THE PUBLIC EMPLOYER PURSUANT TO SECTION 29-5-208
13 SHALL CONSTITUTE THE COLLECTIVE BARGAINING AGREEMENT
14 BETWEEN THE PARTIES.

15 (2) A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO

16 PURSUANT TO THIS PART 2 SHALL BE FOR A TERM OF AT LEAST ONE
17 YEAR AND NO MORE THAN THREE YEARS, BEGINNING ON J ANUARY 1
18 AND ENDING ON D ECEMBER 31.

19 (3) C OLLECTIVE BARGAINING MUST TAKE PLACE IF A PARTY

20 REQUESTS COLLECTIVE BARGAINING BY SENDING NOTICE TO THAT
21 EFFECT TO THE OTHER PARTY NO LATER THAN M ARCH 1 OF THE LAST
22 YEAR OF THE EXISTING COLLECTIVE BARGAINING AGREEMENT OR, IN
23 THE CASE OF A NEWLY CERTIFIED OR RECOGNIZED EXCLUSIVE
24 REPRESENTATIVE, BY M ARCH 1 OF THE YEAR IN WHICH BARGAINING
25 WILL TAKE PLACE. IF NO PARTY REQUESTS BARGAINING UNDER THIS
26 SECTION BY M ARCH 1 OF THE LAST YEAR OF AN EXISTING COLLECTIVE
27 BARGAINING AGREEMENT, SAID AGREEMENT WILL CONTINUE FOR THE
28 NEXT CALENDAR YEAR UNLESS THE PARITIES AGREE TO NEGOTIATE AND
29 REACH A VOLUNTARY AGREEMENT ON ALL TERMS OF A NEW CONTRACT.

30 (4) T HE PUBLIC EMPLOYER AND THE EXCLUSIVE

31 REPRESENTATIVE SHALL BEGIN COLLECTIVE BARGAINING FOR THE
32 PURPOSE OF CREATING A NEW COLLECTIVE BARGAINING AGREEMENT NO
33 LATER THAN A PRIL 15 AFTER NOTICE TO BEGIN COLLECTIVE
34 BARGAINING IS GIVEN PURSUANT TO SUBSECTION (3) OF THIS SECTION.

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 1 (5) I F THE PARTIES FAIL TO REACH A COLLECTIVE BARGAINING
2 AGREEMENT WITHIN THIRTY DAYS AFTER THE BEGINNING OF
3 COLLECTIVE BARGAINING, AN IMPASSE IS DEEMED TO EXIST BETWEEN
4 THE PARTIES.

5 (6) A COLLECTIVE BARGAINING AGREEMENT MAY CONTAIN

6 PROVISIONS REQUIRING ALL MEMBERS OF THE BARGAINING UNIT , AS A
7 CONDITION OF EMPLOYMENT, TO PAY NECESSARY FEES AND EXPENSES
8 GERMANE TO COLLECTIVE BARGAINING AND ENFORCEMENT OF A
9 COLLECTIVE BARGAINING AGREEMENT THAT ARE INCURRED BY THE
10 EXCLUSIVE REPRESENTATIVE.

11 29-5-208. Impasse resolution. (1) I F AN IMPASSE EXISTS

12 BETWEEN A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE,
13 AN ADVISORY FACT FINDER SHALL BE APPOINTED IN THE MANNER
14 DESCRIBED IN SUBSECTION (2) OF THIS SECTION.

15 (2) (a) W ITHIN THREE DAYS AFTER AN IMPASSE OCCURS, THE

16 EXCLUSIVE REPRESENTATIVE OR THE PUBLIC EMPLOYER SHALL NOTIFY
17 THE A MERICAN ARBITRATION ASSOCIATION, A SUCCESSOR
18 ORGANIZATION, OR A SIMILAR ORGANIZATION AGREED UPON BY BOTH
19 PARTIES, REFERRED TO IN THIS SECTION AS THE " ARBITRATION
20 ORGANIZATION", AND REQUEST THE ARBITRATION ORGANIZATION TO
21 SUBMIT SIMULTANEOUSLY TO EACH PARTY WITHIN TEN DAYS AN
22 IDENTICAL LIST OF SEVEN PERSONS QUALIFIED TO SERVE AS AN
23 ADVISORY FACT FINDER. T HE PARTIES MAY AGREE UPON AN ADVISORY
24 FACT FINDER THAT IS NOT ON THE LIST REQUESTED.

25 (b) W ITHIN FIVE DAYS AFTER THE ARBITRATION ORGANIZATION

26 DELIVERS THE LIST TO THE PARTIES PURSUANT TO PARAGRAPH (a) OF
27 THIS SUBSECTION (2), EACH PARTY MAY STRIKE TWO NAMES FROM THE
28 LIST, RANK THE REMAINING NAMES IN ORDER OF PREFERENCE, AND
29 RETURN THE LIST TO THE ARBITRATION ORGANIZATION. I F A PARTY
30 DOES NOT RETURN THE LIST WITHIN THE SPECIFIED TIME, ALL PERSONS
31 NAMED IN THE LIST SHALL BE DEEMED ACCEPTABLE TO THAT PARTY.

32 (c) W ITHIN TEN DAYS AFTER THE LAST LIST IS RETURNED TO THE
33 ARBITRATION ORGANIZATION PURSUANT TO PARAGRAPH (b) OF THIS
34 SUBSECTION (2), OR WITHIN TEN DAYS AFTER THE TIME THE LIST MUST

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 1 BE RETURNED BY THE PARTIES, WHICHEVER IS EARLIER, THE
2 ARBITRATION ORGANIZATION SHALL APPOINT ONE ADVISORY FACT
3 FINDER FROM AMONG THE PERSONS WHO HAVE BEEN APPROVED ON
4 BOTH LISTS AND SHALL NOTIFY THE PARTIES OF THE APPOINTMENT.

5 (3) T HE ADVISORY FACT FINDER SHALL HOLD A HEARING ON THE

6 UNRESOLVED ISSUES BETWEEN THE PARTIES WITHIN THIRTY DAYS
7 AFTER THE APPOINTMENT OF THE ADVISORY FACT FINDER. T HE
8 ADVISORY FACT FINDER SHALL GIVE WRITTEN NOTICE OF THE TIME AND
9 PLACE OF THE HEARING TO THE PARTIES NO LATER THAN TEN DAYS
10 BEFORE THE HEARING. T HE HEARING SHALL BE INFORMAL, AND THE
11 RULES OF EVIDENCE PREVAILING IN JUDICIAL PROCEEDINGS SHALL NOT
12 BE BINDING. T HE ADVISORY FACT FINDER MAY RECEIVE INTO EVIDENCE
13 ANY DOCUMENTARY EVIDENCE AND OTHER INFORMATION DEEMED
14 RELEVANT BY THE ADVISORY FACT FINDER. T HE ADVISORY FACT FINDER
15 MAY ADMINISTER OATHS AND REQUIRE BY SUBPOENA THE ATTENDANCE
16 AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF BOOKS,
17 RECORDS, AND OTHER EVIDENCE RELEVANT TO THE ISSUES PRESENTED
18 FOR DETERMINATION. I F A PERSON REFUSES TO OBEY A SUBPOENA OR
19 REFUSES TO TAKE AN OATH OR TO TESTIFY , OR IF ANY WITNESS, PARTY,
20 OR ATTORNEY IS GUILTY OF CONTEMPT WHILE IN ATTENDANCE AT A
21 HEARING, THE ADVISORY FACT FINDER MAY, OR THE ATTORNEY
22 GENERAL SHALL , IF REQUESTED, INVOKE THE AID OF THE DISTRICT
23 COURT OF THE COUNTY IN WHICH THE HEARING IS BEING HELD , WHICH
24 COURT SHALL ISSUE AN APPROPRIATE ORDER.F AILURE TO OBEY THE
25 ORDER MAY BE PUNISHED BY THE COURT AS CONTEMPT.

26 (4) T HE HEARING CONDUCTED BY THE ADVISORY FACT FINDER

27 SHALL BE CONCLUDED WITHIN FIFTEEN DAYS AFTER THE HEARING
28 BEGINS.W ITH NOTICE TO THE ADVISORY FACT FINDER AT THE
29 CONCLUSION OF THE HEARING, A PARTY MAY SUBMIT A WRITTEN BRIEF
30 TO THE ADVISORY FACT FINDER WITHIN FIVE DAYS AFTER THE
31 CONCLUSION OF THE HEARING.

32 (5) W ITHIN FIFTEEN DAYS AFTER RECEIPT OF THE LAST WRITTEN

33 BRIEF FROM A PARTY, OR WITHIN FIFTEEN DAYS AFTER THE CONCLUSION
34 OF THE HEARING IF NEITHER PARTY NOTIFIED THE ADVISORY FACT
35 FINDER OF ITS INTENT TO FILE A WRITTEN BRIEF, THE ADVISORY FACT

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 1 FINDER SHALL RENDER A DECISION RECOMMENDING A PEACEFUL AND
2 JUST SETTLEMENT OF THE UNRESOLVED ISSUES BETWEEN THE
3 EXCLUSIVE REPRESENTATIVE AND THE PUBLIC EMPLOYER. T HE
4 DECISION SHALL BE LIMITED TO A RECOMMENDATION OF WHICH OF THE
5 FINAL OFFERS MADE BY EACH PARTY ON EACH ISSUE IN DISPUTE SHOULD
6 BE ACCEPTED. T HE DECISION SHALL INCLUDE WRITTEN FINDINGS AND A
7 WRITTEN OPINION ON THE ISSUES PRESENTED. T HE ADVISORY FACT
8 FINDER SHALL MAIL OR OTHERWISE DELIVER A COPY OF THE WRITTEN
9 DECISION TO THE EXCLUSIVE REPRESENTATIVE AND THE PUBLIC
10 EMPLOYER.

11 (6) I N ARRIVING AT A DECISION, THE ADVISORY FACT FINDER

12 SHALL CONSIDER FACTORS INCLUDING BUT NOT LIMITED TO:

13 (a) T HE INTERESTS AND WELFARE OF THE PUBLIC;

14 (b) T HE COMPENSATION, HOURS, AND TERMS AND CONDITIONS

15 OF EMPLOYMENT OF THE FIREFIGHTERS OR LAW ENFORCEMENT
16 OFFICERS INVOLVED IN THE COLLECTIVE BARGAINING IN COMPARISON
17 WITH THE COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF
18 EMPLOYMENT OF OTHER FIREFIGHTERS OR LAW ENFORCEMENT OFFICERS
19 IN COMPARABLE COMMUNITIES AS DETERMINED BY THE ADVISORY FACT
20 FINDER;

21 (c) S TIPULATIONS OF THE PARTIES;

22 (d) T HE LAWFUL AUTHORITY OF THE PUBLIC EMPLOYER;

23 (e) T HE FINANCIAL ABILITY OF THE PUBLIC EMPLOYER TO MEET

24 THE COSTS OF ANY PROPOSED SETTLEMENT;

25 (f) C HANGES IN THE COST OF LIVING; AND

26 (g) O THER FACTORS THAT ARE NORMALLY OR TRADITIONALLY

27 TAKEN INTO CONSIDERATION IN THE DETERMINATION OF
28 COMPENSATION, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT
29 THROUGH VOLUNTARY COLLECTIVE BARGAINING, INTEREST
30 ARBITRATION, OR OTHERWISE BETWEEN PARTIES IN PUBLIC SERVICE OR
31 IN PRIVATE EMPLOYMENT.

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 1 (7) T HE ADVISORY FACT FINDER SHALL GIVE DUE WEIGHT TO
2 EACH FACTOR LISTED IN SUBSECTION (6) OF THIS SECTION. I F THE
3 ADVISORY FACT FINDER DETERMINES THAT A FACTOR LISTED IN
4 SUBSECTION (6) OF THIS SECTION IS NOT RELEVANT, THE ADVISORY
5 FACT FINDER SHALL STATE IN THE FINDINGS THE SPECIFIC REASON WHY
6 THE FACTOR IS NOT RELEVANT TO THE ADVISORY FACT FINDER'S
7 DETERMINATION.

8 (8) T HE COST OF THE ADVISORY FACT FINDER AND RELATED

9 HEARINGS SHALL BE BORNE EQUALLY BY THE EXCLUSIVE
10 REPRESENTATIVE AND THE PUBLIC EMPLOYER.

11 (9) T HE PUBLIC EMPLOYER AND THE EXCLUSIVE

12 REPRESENTATIVE SHALL HAVE TEN DAYS AFTER THE ISSUANCE OF THE
13 ADVISORY FACT FINDER'S DECISION TO CONSIDER THE
14 RECOMMENDATIONS AND FURTHER NEGOTIATE THE DISPUTED ISSUES.
15 N O LATER THAN THE END OF THE TEN-DAY PERIOD, THE PUBLIC
16 EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE SHALL NOTIFY THE
17 OTHER PARTY WHETHER IT ACCEPTS OR REJECTS THE
18 RECOMMENDATIONS ON EACH OF THE REMAINING UNRESOLVED ISSUES.
19 IF EITHER THE PUBLIC EMPLOYER OR THE EXCLUSIVE REPRESENTATIVE
20 REJECTS ANY OF THE RECOMMENDATIONS, THE FINAL OFFERS OF THE
21 PUBLIC EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE ON EACH OF
22 THE ISSUES REMAINING UNRESOLVED SHALL BE SUBMITTED AS
23 ALTERNATIVE SINGLE MEASURES TO A VOTE OF THE QUALIFIED
24 ELECTORS OF THE PUBLIC EMPLOYER AT A SPECIAL ELECTION. T HE
25 REGISTERED ELECTORS SHALL SELECT EITHER THE FINAL OFFER OF THE
26 PUBLIC EMPLOYER OR THE FINAL OFFER OF THE EXCLUSIVE
27 REPRESENTATIVE, AS PRESENTED TO THE ADVISORY FACT FINDER.
28 ISSUES AGREED TO DURING THE TEN-DAY PERIOD SPECIFIED IN THIS
29 SUBSECTION (9) SHALL NOT BE INCLUDED IN THE FINAL OFFERS
30 SUBMITTED TO THE REGISTERED ELECTORS. T HE COST OF THE SPECIAL
31 ELECTION SHALL BE BORNE BY WHICHEVER PARTY REFUSES TO ACCEPT
32 THE RECOMMENDATIONS OF THE ADVISORY FACT FINDER. I F BOTH
33 PARTIES REFUSE TO ACCEPT THE ADVISORY FACT FINDER'S
34 RECOMMENDATIONS, THE COSTS SHALL BE BORNE EQUALLY BY THE
35 PUBLIC EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE.

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 1 (10) N OTHING IN THIS PART 2 SHALL BE CONSTRUED TO
2 PROHIBIT OR OTHERWISE IMPEDE A PUBLIC EMPLOYER AND AN
3 EXCLUSIVE REPRESENTATIVE FROM CONTINUING TO BARGAIN IN GOOD
4 FAITH OR FROM USING THE SERVICES OF A MEDIATOR AT ANY TIME
5 DURING COLLECTIVE BARGAINING. I F AT ANY POINT IN THE ADVISORY
6 FACT FINDING PROCEEDINGS THE PARTIES ARE ABLE TO CONCLUDE THE
7 DISPUTE, OR ANY PORTION THEREOF, WITH A VOLUNTARILY REACHED
8 AGREEMENT, THE PARTIES SHALL NOTIFY THE ADVISORY FACT FINDER
9 OF THE AGREEMENT, AND THE ADVISORY FACT FINDER SHALL
10 TERMINATE THE PROCEEDINGS OR DISCONTINUE THE CONSIDERATION OF
11 AN ISSUE RESOLVED BY THE AGREEMENT. I F AN AGREEMENT IS
12 REACHED AFTER A SPECIAL ELECTION HAS BEEN SCHEDULED AND THE
13 ELECTION CANNOT BE CANCELLED OR ISSUES CANNOT BE REMOVED
14 FROM THE BALLOT, THE VOTES ON THE FINAL OFFERS OF THE PUBLIC
15 EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE SHALL NOT BE
16 COUNTED.

17 (11) D URING IMPASSE RESOLUTION PROCEEDINGS CONDUCTED

18 PURSUANT TO THIS SECTION, EXISTING COMPENSATION, HOURS, AND
19 OTHER TERMS AND CONDITIONS OF EMPLOYMENT SHALL NOT BE
20 CHANGED EXCEPT BY AN AGREEMENT BETWEEN THE PUBLIC EMPLOYER
21 AND THE EXCLUSIVE REPRESENTATIVE, BUT ANY SUCH AGREEMENT
22 SHALL BE WITHOUT PREJUDICE TO EITHER PARTY'S RIGHTS OR POSITION
23 IN THE ADVISORY FACT FINDER'S HEARING.

24 (12) T HE PARTIES MAY AGREE TO EXTEND ANY OF THE TIME

25 LIMITS SPECIFIED IN THIS PART 2 EXCEPT THE DATE FOR BEGINNING
26 BARGAINING. THE TIME ALLOWED TO ACCEPT OR REJECT THE
27 RECOMMENDATIONS OF THE ADVISORY FACT FINDER SHALL NOT BE
28 EXTENDED BEYOND FIFTEEN DAYS BEFORE THE LAST DATE TO CERTIFY
29 THE BALLOT FOR THE SPECIAL ELECTION TO THE DESIGNATED ELECTION
30 OFFICIAL.

31 29-5-209. Strikes prohibited. A FIREFIGHTER, LAW

32 ENFORCEMENT OFFICER, OR EMPLOYEE ORGANIZATION SHALL NOT
33 STRIKE. N OTHING IN THIS SECTION LIMITS OR IMPAIRS THE RIGHT OF
34 ANY FIREFIGHTER OR LAW ENFORCEMENT OFFICER TO LAWFULLY
35 EXPRESS OR COMMUNICATE A COMPLAINT OR OPINION ON ANY MATTER

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 1 RELATED TO COMPENSATION, HOURS, OR TERMS AND CONDITIONS OF
2 EMPLOYMENT.

3 29-5-210. Existing bargaining relationships. (1) A

4 BARGAINING UNIT IN EXISTENCE IN A PUBLIC EMPLOYER ON THE
5 EFFECTIVE DATE OF THIS PART 2 SHALL REMAIN THE BARGAINING UNIT
6 IN THE PUBLIC EMPLOYER UNLESS THE BARGAINING UNIT IS MODIFIED
7 BY VOLUNTARY AGREEMENT BETWEEN THE EXCLUSIVE
8 REPRESENTATIVE AND THE PUBLIC EMPLOYER OR AS OTHERWISE
9 PROVIDED BY THIS PART 2.

10 (2) A N EMPLOYEE ORGANIZATION RECOGNIZED BY A PUBLIC

11 EMPLOYER AS THE EXCLUSIVE REPRESENTATIVE FOR A BARGAINING
12 UNIT AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL REMAIN THE
13 EXCLUSIVE REPRESENTATIVE FOR THE BARGAINING UNIT UNTIL THE
14 EMPLOYEE ORGANIZATION IS DECERTIFIED AS THE EXCLUSIVE
15 REPRESENTATIVE BY VOTE OF A MAJORITY OF THE FIREFIGHTERS OR
16 LAW ENFORCEMENT OFFICERS IN THE BARGAINING UNIT IN ACCORDANCE
17 WITH SECTION 29-5-211.

18 (3) A LL EXISTING BARGAINING RELATIONSHIPS OF FIREFIGHTERS

19 AND LAW ENFORCEMENT OFFICERS, WHETHER CREATED BY CHARTER,
20 ORDINANCE, RESOLUTION, OR VOLUNTARY RECOGNITION, SHALL
21 REMAIN IN EFFECT UNDER THE TERMS, CONDITIONS, AND PROCEDURES
22 IN EFFECT UNTIL AN ELECTION IS HELD BY PETITION OF THE EXISTING
23 EXCLUSIVE REPRESENTATIVE PURSUANT TO SECTION 29-5-211. I F AN
24 EXCLUSIVE REPRESENTATIVE IS ELECTED FOR A BARGAINING UNIT, THE
25 PROVISIONS OF THIS PART 2 SHALL APPLY TO THE BARGAINING UNIT,
26 NOTWITHSTANDING THE PROVISIONS OF ANY CHARTER, ORDINANCE,
27 RESOLUTION, OR VOLUNTARY RECOGNITION.

28 29-5-211. Election of exclusive representative - rules.

29 (1) U PON THE FILING OF A PETITION BY A FIREFIGHTER, LAW
30 ENFORCEMENT OFFICER, GROUP OF FIREFIGHTERS OR LAW
31 ENFORCEMENT OFFICERS, OR EMPLOYEE ORGANIZATION THAT IS SIGNED
32 BY NO LESS THAN THIRTY PERCENT OF THE FIREFIGHTERS OR LAW
33 ENFORCEMENT OFFICERS IN THE BARGAINING UNIT, THE DIRECTOR
34 SHALL CONDUCT A SECRET BALLOT ELECTION IN A BARGAINING UNIT TO
35 CERTIFY AN EMPLOYEE ORGANIZATION AS THE EXCLUSIVE

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 1 REPRESENTATIVE OF THE BARGAINING UNIT FOR COLLECTIVE
2 BARGAINING OR TO DECERTIFY AN EMPLOYEE ORGANIZATION THAT WAS
3 PREVIOUSLY CERTIFIED OR IS RECOGNIZED BY THE PUBLIC EMPLOYER AS
4 THE EXCLUSIVE REPRESENTATIVE OF THE BARGAINING UNIT .

5 (2) I N A CERTIFICATION ELECTION, AN EMPLOYEE

6 ORGANIZATION THAT RECEIVES THE MAJORITY OF THE VOTES CAST IN
7 AN ELECTION SHALL BE CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE
8 OF THE BARGAINING UNIT .

9 (3) I N A DECERTIFICATION ELECTION, THE EMPLOYEE

10 ORGANIZATION SHALL REMAIN THE EXCLUSIVE REPRESENTATIVE
11 UNLESS A MAJORITY OF THE FIREFIGHTERS OR LAW ENFORCEMENT
12 OFFICERS IN THE BARGAINING UNIT VOTE TO DECERTIFY THE EMPLOYEE
13 ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE OF THE
14 BARGAINING UNIT.

15 (4) T HE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH

16 ARTICLE 4 OF TITLE 24, C.R.S., ON THE CONDUCT OF ELECTIONS
17 PURSUANT TO THIS SECTION.

18 29-5-212. Right to sue. A FIREFIGHTER, LAW ENFORCEMENT

19 OFFICER, OR EMPLOYEE ORGANIZATION MAY ENFORCE THE PROVISIONS
20 OF THIS PART 2 BY FILING SUIT IN A DISTRICT COURT IN WHICH VENUE IS
21 PROPER.

22 SECTION 2. Effective date. This act shall take effect at

23 12:01 a.m. on the day following the expiration of the ninety-day period
24 after final adjournment of the general assembly that is allowed for
25 submitting a referendum petition pursuant to article V, section 1 (3) of
26 the state constitution, (August 6, 2008, if adjournment sine die is on
27 May 7, 2008); except that, if a referendum petition is filed against this
28 act or an item, section, or part of this act within such period, then the
29 act, item, section, or part, if approved by the people, shall take effect
30 on the date of the official declaration of the vote thereon by
31 proclamation of the governor.

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